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(영문) 울산지방법원 2017.08.24 2017고단2093
공연음란
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2017, the Defendant passed a place in front of B in Yangsan-si on April 26, 2017.

The Defendant’s sexual organ towards such women as C (n, 25 years of age), among many and unspecified women, shall be taken out.

As seen, patently obscene acts were conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C and D;

1. Application of Acts and subordinate statutes to photographs on crime scene;

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that: (a) the nature of the crime is light in that the Defendant significantly undermines the peace in daily life by showing his sexual organ against unspecified women in the street and causes serious sexual aversion to ordinary women;

Although it is not possible to regard a crime, it shall be determined by the order in consideration of the fact that the crime is against the law, and that there is no record of punishment for the same kind of crime before the case.

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